Zoning Bylaw No. 478, 2015

Hazelton, British Columbia · adopted 2015-01-01

This is the exact embedded text of the captured official document. Snapshot 4aead304d3ee · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Unofficial Consolidation Updated July 19, 2023 Village of Hazelton Zoning Bylaw No. 478, 2015 ii List of Amendments to Village of Hazelton Zoning Bylaw No. 478, 2015 Bylaw No. Date of Adoption Purpose of Amendment 494, Oct. 23, 2018 Regulate Cannabis Retailer Zoning 518, July 13, 2021 Allow for Accessory Dwelling Units 524, Jan. 11, 2022 Limit Commercial Vehicle Parking 529, July 11, 2023 New Zone, Housekeeping Note: Where there is a discrepancy between this consolidated version and the original bylaws, then the original Bylaw No. 478 and the Amending Bylaws shall be deemed to be the true and correct version. Village of Hazelton Zoning Bylaw No. 478, 2015 iii CONTENTS 1.0 Definitions ........................................................................................................................ 1 2.0 Administration .................................................................................................................. 6 2.1 Administration ............................................................................................................................... 6 2.2 Prohibition ..................................................................................................................................... 6 2.3 Violation ........................................................................................................................................ 6 2.4 Penalty .......................................................................................................................................... 6 2.5 Severability .................................................................................................................................... 6 3.0 General Provisions .......................................................................................................... 7 3.1 Uses Permitted in Several Zones .................................................................................................. 7 3.2 Non-Conforming Uses ................................................................................................................... 7 3.3 Temporary Permits and Uses ...................................................................................................... 10 3.4 Buildings Per Lot ......................................................................................................................... 10 3.5 Siting Exceptions ......................................................................................................................... 10 3.6 Height Exceptions ....................................................................................................................... 11 3.7 Fences ........................................................................................................................................ 11 3.8 Home Occupations ...................................................................................................................... 11 3.9 Tents, Trailers and Motorhomes .................................................................................................. 12 3.10 Education Centre ......................................................................................................................... 12 3.11 Bed & Breakfast Accommodation ................................................................................................ 12 3.12 Secondary Suites ........................................................................................................................ 13 3.13 Use Prohibition ............................................................................................................................ 13 3.14 Off Street Parking ........................................................................................................................ 14 3.15 Signs ........................................................................................................................................... 14 3.16 Ministry of Transportation and Infrastructure Jurisdiction ............................................................. 14 3.17 Accessory Dwelling Units ............................................................................................................ 14 3.18 Vehicle Storage ........................................................................................................................... 14 4.0 Zone Designations ......................................................................................................... 16 4.1 Zones .......................................................................................................................................... 16 5.0 Residential Zones .......................................................................................................... 17 5.1 Residential (R) Zone ................................................................................................................... 17 Village of Hazelton Zoning Bylaw No. 478, 2015 iv 5.2 Rural Residential (RR) Zone ........................................................................................................ 19 5.3 Residential Community (RC) Zone .............................................................................................. 20 6.0 Commercial Zones ......................................................................................................... 21 6.1 Downtown Commercial (C1) Zone ............................................................................................... 21 6.2 Blended Commercial (C2) Zone .................................................................................................. 22 7.0 Mixed Use Zones ............................................................................................................ 23 7.1 Mixed Use Residential Commercial (MU1) Zone ......................................................................... 23 7.2 Mixed Use Development Reserve (MU2) Zone............................................................................ 24 8.0 Public Facilities Zone .................................................................................................... 25 8.1 Public Facilities (P) Zone ............................................................................................................. 25 9.0 Parking ............................................................................................................................ 26 9.1 Off-Street Parking ........................................................................................................................ 26 9.2 Special Parking Provisions .......................................................................................................... 29 9.3 Disabled Person's Parking Spaces .............................................................................................. 29 9.4 Unlawful Uses of Parking Facilities .............................................................................................. 30 9.5 Off-street Loading ........................................................................................................................ 30 10.0 Signs ............................................................................................................................... 31 10.1 Definitions ................................................................................................................................... 31 10.2 General Sign Provisions .............................................................................................................. 33 10.3 Prohibited Signs .......................................................................................................................... 33 10.4 Exempt Signs .............................................................................................................................. 34 10.5 Construction ................................................................................................................................ 34 10.6 Vision Clearance Area ................................................................................................................. 35 10.7 Awning Signs .............................................................................................................................. 35 10.8 Banner Signs ............................................................................................................................... 35 10.9 Canopy Signs .............................................................................................................................. 35 10.10 Fascia Signs ................................................................................................................................ 36 10.11 Freestanding Signs ..................................................................................................................... 36 10.12 Painted Wall Sign ........................................................................................................................ 37 10.13 Portable Signs ............................................................................................................................. 37 10.14 Under Canopy Signs ................................................................................................................... 37 10.15 Sandwich Board Signs ................................................................................................................ 38 10.16 Window Signs ............................................................................................................................. 38 Village of Hazelton Zoning Bylaw No. 478, 2015 v 10.17 Abandoned, Dangerous or Defective Signs ................................................................................. 38 10.18 Liability for Damages ................................................................................................................... 38 Village of Hazelton Zoning Bylaw No. 478, 2015 1 1.0 DEFINITIONS This Bylaw includes a number of words that have specific meanings with respect to permitted uses and related regulatory requirements. These words and phrases are defined in this section. ACCESSORY BUILDING, STRUCTURE OR USE means a building, structure or use customarily incidental and subordinate to the principal buildings structure or use located on the same site and the definition of accessory building shall not include a building intended as a dwelling unit. ACCESSORY DWELLING UNIT means a detached structure that contains one dwelling unit as its primary purpose and which is incidental and ancillary to the principal building, structure or use on the lot and is located on the same lot or site as the principal building or structure. Accessory Dwelling units are subject to Section 3.17. ASSEMBLY HALL includes any premises occupied or used by a gathering of persons for civic political, travel, social, religious, educational, recreational or like purposes. AUTOMOTIVE SERVICE AND REPAIR means a business devoted exclusively to the service repair, and sales of automotive parts, excluding the sale of vehicle fuels. AVERAGE FINISHED GRADE means the sum of measurements obtained from the midpoint of each exterior wall at the finished grade, divided by the total number of applicable perimeter measures. BED AND BREAKFAST ACCOMMODATION means the use of a detached single family dwelling for the accommodation of the traveling public in guest rooms without cooking facilities where the room rate includes breakfast served on the premises. BUILDING means a structure having a roof supported by columns or walls and used for the shelter or accommodation of persons, animals or chattels. BUILDING HEIGHT means the vertical distance from the average finished grade, measured at the perimeter of a building or structure the highest point of the building or structure and excludes chimneys, aerials, antennae, steeples and service structures having an area of not more than 10% of the area of the principal building. BUILDING TEMPORARY means a building not having its exterior walls supported by continuous concrete or masonry foundations or walls and includes bunkhouses, skid shacks, construction skids, huts, tents, trailers or any other similar type of portable buildings or structures, whether or not it is placed on foundations or affixed to the lot in any way, and shall not include a mobile home Village of Hazelton Zoning Bylaw No. 478, 2015 2 which is located on a mobile home park, nor a permanent prefabricated residential dwelling, industrial building or warehouse. CAMP SITE means a site occupied and maintained to be occupied for the temporary accommodation of recreation vehicles and tents, including customary accessory sales. CANNABIS is a broad term used to describe the products derived from the leaves, flowers and resins of the Cannabis sativa and Cannabis indica plants or hybrids of the two. These products exist in various forms such as dried leaves or oils. They are used for different purposes including medical, non-medical and industrial purposes. Under the Federal Cannabis Act, cannabis is broadly defined and includes: - Any part of the cannabis plant, other than mature stalks that do not contain leaves, flowers or seeds, the cannabis plant fibre, or the plant root; - Any substance or mixture of substances that contains or has on it any part of a cannabis plant; and - Any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained. COMMERCIAL USE means a use providing for the selling of goods or services, for personal services, or for the servicing and repair of goods; includes retail uses, personal service establishments, wholesaling in conjunction with retail sales, commercial and governmental offices, recreation facilities, commercial schools, household services and all associated repairs; and excludes service stations, manufacturing, salvaging, warehousing, and the selling, servicing or repair of heavy industrial machinery. COMMUNITY CARE FACILITY means a facility which is licensed as such under Part 5 of the Community Care facility Act as a personal care facility. DORMITORY RESIDENCE means a separate building to be used in conjunction with a public institutional use to house persons associated with that use in a communal manner, with sleeping, sanitary, shared living space and kitchen or cafeteria and which may include a suite for manager, but which is not designed to be part of a cluster of such buildings, and which is not intended to be a community care facility as defined by the Community Care and Assisted Living Act or a Correctional Centre as defined by the Correction Act. Village of Hazelton Zoning Bylaw No. 478, 2015 3 DWELLING UNIT means any rooms used or intended for the domestic use of one or more individuals living as a single housekeeping unit, with cooking, eating, living, sleeping and sanitary facilities. EDUCATION CENTRE means any use dedicated to education for various age groups and needs, including elementary, secondary, post-secondary, technical and vocational, and includes public and private sector education centres. ENTERTAINMENT CENTRE means a building or part thereof which is used for the entertainment of the public through provisions of food, alcoholic and non-alcoholic beverages, live music and performances and includes the provision of pool tables, gaming centres, billiard tables, pinball or video game machines. FAMILY means persons sharing a household, consisting of: (a) two (2) or more persons related by blood, marriage, adoption, or foster parenthood and (b) three (3) or fewer unrelated persons FAMILY CHILDCARE FACILITY means a facility which is operated by a Licensee as defined by the Child Care Licensing Regulation for the purpose of operating a Care Program as defined by the Child Care Licensing Regulation and which the Licensee personally provides care, within the licensee's personal residence, to no more than 7 children. FENCE means a hedge, railing or paling, trellis louvers or other screen forming a boundary to or enclosing some area, provided that if such fence forms a part of any principal or accessory building then it shall be regulated as part of such building. FIRST STOREY means the first habitable floor accessible from a grade level entrance. FLOODPLAIN means an area which is susceptible to flooding from an adjourning watercourse or a body of water and that which is designated in Schedule B of this Bylaw. FRONT PROPERTY LINE means the lot line facing the road, and in the event the lot flanks more than one road, the direction the building faces shall constitute the front property line. HOME OCCUPATION means any permitted business, trade or profession carried on within a dwelling unit or accessory building to a dwelling unit. INSTITUTIONAL CHILDCARE FACILITY means a facility which is operated by a Licensee as defined by the Child Care Licensing Regulation for the purpose of operating a Care Program as defined by the Child Care Licensing Regulation and which is not a Family Childcare Facility. Village of Hazelton Zoning Bylaw No. 478, 2015 4 LOT means an individual parcel of land registered in the Land Titles Office. LOT COVERAGE means the combined footprint of all buildings on a lot, expressed as a percentage of the lot, and excludes trellises, unenclosed patios and underground parking structures as long as such structures do not exceed 6m above the average ground elevation. MULTIPLE FAMILY DWELLING means a building used for residential purposes consisting of three (3) or more dwelling units, each containing not more than one (1) set of cooking equipment, with units having private exterior access or common access and hallways. OFF STREET PARKING means a use providing for temporary parking. PARCEL means the same as lot. PERSONAL SERVICE ESTABLISHMENT means a commercial service intended to serve the health, grooming, financial, recreational, athletic activities or related well-being of an individual. PUBLIC INSTITUTIONAL FACILITY means a publicly owned building (municipal, provincial, federal) that is intended to provide one or more of public administrative, judicial, medical, cultural, recreational, educational, and related uses. PUBLIC UTILITY BUILDING means a building or structure related to the operation and maintenance of publicly owned utilities such as drainage, water supply, wastewater collection (but excluding treatment), telephone, and power. REAR PROPERTY LINE means the lot line opposite the front property line. RETAIL USE means the sale and display of goods and services, including food and beverage services, to consumers; and may include wholesale warehousing and distribution. SECONDARY SUITE means a second and subordinate dwelling unit within a single family dwelling. SERVICE COMMERCIAL USE means retail and service uses that can include ancillary exterior storage and display areas, repair facilities, vehicle and marine sales, service and repairs, transit terminals, horticultural centres, warehouses, recycling centres, wholesale and distribution outlets. SERVICE STATION means a vehicle fueling station which may include the sale of accessory food and convenience items. Village of Hazelton Zoning Bylaw No. 478, 2015 5 SHIPPING CONTAINER means an enclosed container designed for marine, truck, and rail transportation of freight. SHORT TERM RENTAL UNIT means any dwelling unit intended to be rented for periods of less than 30 days. These include rentals listed on online platforms such as Airbnb and VRBO. SIDE PROPERTY LINE means an interior or exterior lot line, or series of lines of which one or both ends intersect a front property line and rear property line. SINGLE FAMILY DWELLING means a residential use where the building on a lot is used for one (1) dwelling unit. SINGLE HOUSEKEEPING UNIT means a residential use intended to accommodate one person, family or group of persons with one set of kitchen or cooking appliances. SITE means an area of land or surface of water consisting of one or more lots used as a unit devoted to a common use or development, and excludes from its area required environmental setbacks or unbuildable slopes. STRUCTURE means any construction fixed to, supported by, or sunk into land or water. TRAVELER ACCOMMODATION means a use providing for the accommodation of a transient public in individual dwelling units or sleeping units such as a hotel or motel, or providing space for tents, camper vehicles, or trailers for such lodging; and may include dining and beverage facilities. TWO FAMILY DWELLING means a residential use where the building on a lot is used for two (2) dwelling units. Village of Hazelton Zoning Bylaw No. 478, 2015 6 2.0 ADMINISTRATION 2.1 Administration (a) The Chief Administrative Officer or such other person appointed by the Council of the Village shall administer this Bylaw. (b) Persons appointed under subsection (a) are hereby authorized to enter, at all reasonable times, upon properties subject to the provisions of this Bylaw to ascertain whether the provisions of the Bylaw are being obeyed. 2.2 Prohibition Subject to the provisions of the Local Government Act respecting non-conforming uses, land, including the surface of water, building or structures shall not be used, constructed, reconstructed, altered, moved or extended contrary to any provision of this Bylaw. 2.3 Violation Any person who violates any provision of this Bylaw or who suffers or permits any act or thing to be done in contravention of this Bylaw, or who neglects to do or refrains from doing any act or thing which is required to be done by any provision of this Bylaw is guilty of an offence. 2.4 Penalty (a) Any person convicted of an infraction of this Bylaw shall be liable on summary conviction to the penalties prescribed under the Summary Convictions Act. (b) Each day during which such violation is continued shall be deemed to constitute a new and separate offence. (c) Upon conviction the magistrate may direct that no prosecution under Subsection (b) may be made, with respect to the continuance of the violation for such period of time as directed. 2.5 Severability If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this Bylaw. Village of Hazelton Zoning Bylaw No. 478, 2015 7 3.0 GENERAL PROVISIONS 3.1 Uses Permitted in Several Zones The following uses are permitted as indicated, but are subject to the sitting requirements as stated for the Zone in which the use is situated: (a) Churches and places of worship are permitted in all Commercial (C) Zones and Residential (R) Zones. (b) Education centres, providing for education of kindergarten and higher, are permitted in all Residential (R) Zones, Commercial (C) Zones and Public Facilities (P) Zones. (c) Public utility buildings are permitted in all zones. (d) Public parks and recreation facilities are permitted in all zones. (e) Government offices are permitted in all Commercial (C) Zones and Public Facilities (P) Zones. (f) Public cemetery is permitted in all zones. (g) Family childcare facilities are permitted in all zones. (h) Institutional childcare facilities are permitted in all Commercial (C) zones, Mixed Use (MU) zones and Public Facilities (P) zones. 3.2 Non-Conforming Uses A lawful use of buildings existing or lawfully under construction at the time of the adoption of the Zoning Bylaw, although such use does not conform, the provisions of this Bylaw, may be continued, subject to the provisions of the Local Government Act with respect to non- conforming uses. (a) If, at the time a Bylaw under Section 903 of the Local Government Act is adopted, (i) land, or a building or other structure, is lawfully used, and (ii) the use does not conform to the Bylaw, Village of Hazelton Zoning Bylaw No. 478, 2015 8 the use may be continued as a non-conforming use, but if the non-conforming use is discontinued for a continuous period of 6 months, any subsequent use of the land, building or other structure becomes subject to the Bylaw. (b) The use of land, a building or other structure, for seasonal uses or for agricultural purposes is not discontinued as a result of normal seasonal or agricultural practices, including, (i) seasonal market or production cycles, (ii) the control of disease or pests, or (iii) the repair replacement or installation of equipment to meet standards for the health or safety of people or animals. (c) A building or other structure that is lawfully under construction at the time of the adoption of a Bylaw under this Division is deemed, for the purpose of this section, (i) to be a building or other structure existing at the time, and (ii) to be then in use for its intended purpose as determined from the building permit authorizing its construction. (d) If subsections (a) and (b) authorize a non-conforming use of part of a building or other structure to continue, the whole of that building or other structure may be used for that non-conforming use. (e) A structural alteration or addition, except one that is required by an enactment or permitted by a board of variance under section 902 (2) of the Local Government Act, must not be made in or to a building or other structure while the non-conforming use is continued in all or any part of it. (f) In relation to land, subsection (a) or (d) does not authorize the non-conforming use of land to be continued on a scale or to an extent or degree greater than that at the time of the adoption of the Bylaw under this Division. (g) For the purposes of this section, a change of owners, tenants or occupants of any land, or of a building or other structure, does not, by reason only of the change, affect the use of the land or building or other structure. Village of Hazelton Zoning Bylaw No. 478, 2015 9 (h) If a building or other structure, the use of which does not conform to the provisions of a Bylaw under this Division is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, it must be repaired or reconstructed except for a conforming use in accordance with the Bylaw. (i) If the use of a building or structure that is on land identified in a phased development agreement under section 905.1 of the Local Government Act (phased development agreements) complies with a Zoning Bylaw provision specified under section 905.1 (3) for the phased development agreement, subsection (h) does not apply to the building or other structure while the phased development agreement is in effect, unless (i) the provision has been repealed or amended, and (ii) either  the developer has agreed in writing under section 905.1 (5) of the Local Government Act that the changes to the Zoning Bylaw apply, or  the changes to the Zoning Bylaw apply under section 905.1 of the Local Government Act, without the written agreement of the developer. (j) If the use and density of buildings and other structures conform to the Bylaw under this Division but (i) the siting, size or dimensions of a building or other structure constructed before the Bylaw was adopted does not conform with the Bylaw, or (ii) the siting, size, dimensions or number of off-street parking or loading spaces constructed or provided before the byelaw was adopted does not conform with the Bylaw, the building or other structure or spaces may be maintained, extended authorized by subsection (J). (k) A building or other structure or spaces to which subsection (i) applies may be maintained, extended or altered only to the extent that (i) the repair, extension or alteration would, when completed, involve no further contravention of the Bylaw than that existing at the time the repair, extension or alteration was started, and Village of Hazelton Zoning Bylaw No. 478, 2015 10 (ii) in the case of protected heritage property, the repair, extension or alteration is permitted or authorized in accordance with the provisions governing the heritage protection of the property. (l) Subsections (e) and (h) do not apply to alterations, additions, repairs or reconstruction of a protected heritage property if the alteration, addition, repair or reconstruction is authorized by a heritage alteration permit under section 972 of the Local Government Act. 3.3 Temporary Permits and Uses (a) Owners of properties situated within any Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone may apply for a temporary commercial or industrial permit for uses that are seasonal in nature, or are temporary due to site construction, redevelopment, or processing of raw materials on site. Council may establish special provisions related to the permit. Prior to issuance of the permit Council will provide notice of the permit in accord with provisions in the Local Government Act. 3.4 Buildings Per Lot Unless specified otherwise, only one principal building per lot is permitted. 3.5 Siting Exceptions (a) Freestanding lighting poles, warning devices, antenna, masts, utility poles, wires, flag poles, signs and sign structures may be sited on a portion of a lot, except as otherwise limited in other Bylaws, and except that television or radio earth station antennae with an antenna diameter of excess of 0.6 metres shall be sited only in the rear yard on properties used or zoned for Residential use. (b) Except as otherwise provided in this or other Bylaws, canopies or awnings may be constructed in Commercial (C) Zones within 0.6 metres of the existing curb line within a minimum of 2.7 metres vertical clearance from street level, subject to the owner providing the Village with $2 million liability insurance. (c) Bay windows, eaves and cornices of buildings may extend into the required minimum front and rear yard setback by 0.6 metres. Village of Hazelton Zoning Bylaw No. 478, 2015 11 (d) Within the Residential (R) Zones the foundations for masonry chimneys and fireplaces shall be no closer than 0.6 metres from the side property line. Chimneys constructed with other materials must adhere to regular setback requirements. (e) Within the Residential (R) Zones, no part of any sidewalk, patio, sundeck, or stairs which is more than 1.2 metres above grade shall be closer than 0.6 metres from the side property line. 3.6 Height Exceptions The heights of buildings and structures permitted elsewhere in this Bylaw may be exceeded for towers, retaining walls, radio, television and communication antennae, church spires, monuments, chimney and smokestacks, flagpoles, stadium bleachers, lightning poles, apartment elevator shafts and stair towers. 3.7 Fences (a) No fence in the Residential (R) Zones shall exceed 1.8 metres in height in the rear and side yard areas, and not more than 1.2 metres in height in the front yard area. (b) Barbed wire, razor wire, broken glass or any material that is designed to deter entry by injury, is prohibited in all zones. 3.8 Home Occupations Where permitted, a home occupation shall be carried out according to the following conditions: (a) The occupation shall be carried out entirely within the dwelling unit or permitted accessory building and its function shall be subordinate to the residential nature of the building. (b) A home occupation shall not cause any noise, odor, effluent, smoke, dust, vibration, electrical interference, bright or flashing light or other objectionable condition which would interfere with the quiet enjoyment of a residential neighborhood; and there shall be no visible signs of such occupation from the exterior, and without limiting the generality of the foregoing, the storage or display of goods, materials the parking or storage of vehicles, machinery, or equipment on or about the premises is prohibited. A home occupation shall not include automobile or machinery repairs, job welding, sheet metal, or similar work section. Village of Hazelton Zoning Bylaw No. 478, 2015 12 (c) A home occupation shall not require regular or frequent deliveries of goods or materials of such bulk or quantity, nor the parking of customer or client's vehicles, in such numbers or frequency as may be considered incompatible with Residential (R) Zones. (d) A home occupation shall be carried on only by the residents of the dwelling unit except as permitted in Sub-section (e) below. 3.9 Tents, Trailers and Motorhomes It shall be unlawful to use or occupy a tent, trailer or motorhome as a dwelling place, or living or sleeping quarters anywhere in the Village of Hazelton save and except where such mobile home, tent or trailer is located within a campsite permitted under this Bylaw. 3.10 Education Centre Education Centres are permitted in all zones and shall comply with the following: (a) Minimum site area is 2,500 m2, except where the centre comprises part of an office building. (b) Parking shall be provided on site subject to off street parking provisions. (c) Screening and/or fencing shall be provided where the site abuts a parcel zoned residential. 3.11 Bed & Breakfast Accommodation Bed and Breakfast Accommodation, where permitted, shall comply with the following: (a) General Guidelines (i) Regulations contained in the Food Premises Regulations and Swimming Pool Regulations pursuant to the Health Act, and in accordance with any regulations of the Office of the Fire Commissioner. (ii) Be limited to no more than three (3) guest rooms. (iii) The guest rooms shall be inspected and approved by the Village Fire Department, the Village Building Inspector and the Provincial Electrical Inspector. (iv) Be located within a single detached single family dwelling only. Village of Hazelton Zoning Bylaw No. 478, 2015 13 (v) The proprietor of a Bed & Breakfast Accommodation shall reside in the dwelling. (vi) The sale of alcoholic beverages to the general public is prohibited. (vii) The maximum number of guests shall be two (2) guests per guest room (exclusive of children under the age of sixteen under the care and supervision of such guests). (viii) The minimum permitted floor area for any guest room is nine (9) square metres. (ix) The maximum permitted gross floor area for any guest room is 22 m2. (x) The maximum number of Bed & Breakfast Accommodation on one building site, or lot, shall be one (1). (xi) The minimum lot area for a Bed & Breakfast Accommodation shall be 400 m2. (xii) No cooking is permitted in any guest room. (xiii) All Bed & Breakfast Accommodation shall be required to hold a Trade or Business License with the Village of Hazelton. (xiv) No boarders or lodgers shall be permitted within a dwelling where a Bed & Breakfast Accommodation is operated. (xv) Shall provide parking in the amount of one (1) space per guest room to a maximum of three (3) off street parking spaces. 3.12 Secondary Suites Secondary suites, where permitted by this Bylaw, are subject to the following regulations: (a) Only one Secondary Suites shall be permitted on a lot. (b) The maximum floor area shall not exceed 40% of the total floor area of the Principal Building. 3.13 Use Prohibition Shipping containers are permitted only in Public Facilities (P) Zone. Village of Hazelton Zoning Bylaw No. 478, 2015 14 3.14 Off Street Parking Parking requirements shall be determined and calculated as per Section 9. 3.15 Signs Sign requirements shall be determined as per Section 10. 3.16 Ministry of Transportation and Infrastructure Jurisdiction All zones in the Ministry of Transportation and Infrastructure jurisdiction - Highway 62 - are subject to Transportation Act Regulations; including, but not limited to, setbacks, access and storm drainage. 3.17 Accessory Dwelling Units Accessory Dwelling Units, where permitted, shall comply with the following: (a) An Accessory Dwelling Unit shall not be strata titled; (b) An Accessory Dwelling Unit shall have a maximum gross floor area of 90 m2 (968.8 ft2); (c) An accessory Dwelling Unit shall not be used as a short-term rental unit; (d) No lot shall have more than one Accessory Dwelling Unit; (e) An Accessory Dwelling Unit shall be sited on a permanent foundation; (f) An Accessory Dwelling Unit shall not include a secondary suite; (g) An Accessory Dwelling Unit shall be sited within a required rear yard; (h) An Accessory Dwelling Unit shall satisfy the requirements of Building Bylaw no. 501, 2019 and all other associated bylaws, regulations, and codes; (i) Primary access for an Accessory Dwelling Unit shall be constructed no farther than 30 m (98 ft) from an operational public street or laneway and must have a path to that street or laneway that is lighted and clear of obstructions; (j) Operational Accessory Dwelling Units shall be connected to municipal water and sewer systems. Village of Hazelton Zoning Bylaw No. 478, 2015 15 3.18 Vehicle Storage 3.18.1 Parking and storage of vehicles outside of a building in all zones shall be permitted as follows: (a) One operating or licenced heavy work truck or commercial vehicle not exceeding 5,000 kg in weight as indicated on a present or past vehicle registration. (b) Any dismantled or wrecked automobile, truck, recreational vehicle, trailer or construction equipment for a period of no more than 10 consecutive days. (c) Work trucks, commercial vehicles or equipment temporarily required for the ongoing construction, repair and servicing or maintenance of the premises. (d) One recreational vehicle not exceeding a body length of 14 m. (e) One boat or vessel not exceeding a body length of 11 m. (f) One trailer not exceeding a body length of 8 m. 3.18.2 No parcel may be used for the keeping of a motor vehicle which is not completely enclosed in a building or structure and which does not have attached or affixed in the manner prescribed by the Motor Vehicle Act regulations: (a) Motor vehicle plates for the current license year issued in respect of that vehicle. (b) An interim vehicle license issued in respect of that vehicle pursuant to the Motor Vehicle Act. (c) No parcel shall be used for the wrecking, storage or scrapping of derelict vehicles or as a junkyard. Village of Hazelton Zoning Bylaw No. 478, 2015 16 4.0 ZONE DESIGNATIONS 4.1 Zones (a) For the purpose of this Bylaw, the area incorporated into the Village of Hazelton is classified and divided into following zones: Short Form Designation R Residential Zone RR Rural Residential Zone RC Residential Community C1 Downtown Commercial C2 Blended Commercial MU1 Mixed Use Residential Commercial MU2 Mixed Use Development Reserve P Public Facilities Zone (b) The extent of each zone is shown on the Zoning map(s) which are attached to and form of this Bylaw and which bear the words "Village of Hazelton Bylaw No. 478, 2015". (c) When the zone boundary is designated as following a road allowance or watercourse, the centreline of such road allowance or watercourse shall be the zone boundary. (d) When the zone boundary is designated as following a road allowance or watercourse, the centreline of such road allowance or watercourse shall be the zone boundary. (e) The zoning specifications for the areas included in the Development Permit Areas must consider the applicable Development Permit Area Guidelines as noted in Special Provisions. Village of Hazelton Zoning Bylaw No. 478, 2015 17 5.0 RESIDENTIAL ZONES 5.1 Residential (R) Zone This zone is intended for low density residential uses to accommodate Single Family and Two Family Dwellings. 5.1.1 Permitted Uses a) Single family Dwelling Village of Hazelton Zoning Bylaw No. 478, 2015 18 b) Two Family Dwelling c) Secondary Suites d) Home Occupation e) Bed and Breakfast f) Accessory buildings and structures g) Accessory Dwelling Units 5.1.2 Maximum Building Height a) Principal building 9.0 metres (29.5 feet) b) Accessory buildings 4.0 metres (13.1 feet) c) Accessory Dwelling Units 5.8 meters (19.0 feet) 5.1.3 Maximum Lot Coverage a) Not more than 50% of the site including all buildings and structures. 5.1.4 Building Setbacks a) 7.0 metres (22.9 feet) from the front property line b) 4.0 metres (13.1 feet) from the rear property line c) 2.0 metres from (6.6 feet) the side property line d) An accessory building may be sited within a required rear yard subject to the Special Provisions. 5.1.5 Special Provisions 5.1.5 Special Provisions a) The minimum lot size for a single family dwelling shall be 400 m2 ( 4,306 ft2) b) Maximum floor area for accessory building shall be 75 m2 (807 ft2) c) No part of any accessory building shall be closer to the rear property line than 0.3 metres (1.0 feet) where the building abuts a public lane; and 1.2 metres (3.9 feet) where the rear property line abuts another parcel. d) Where Zoning Map - Schedule "A"- delineates the Flood Plain all regulations in this Bylaw shall consider the requirements included in Flood Plain Development Permit Area Guidelines included in Schedule "B" e) The form, character and design of buildings shall take into consideration the policies and guidelines contained in the Village of Hazelton Zoning Bylaw No. 478, 2015 19 Historic Downtown Development Permit Area Guidelines included in Schedule "C" and Schedule "D". 5.2 Rural Residential (RR) Zone This zone is intended for residential uses on larger (rural) lots to accommodate Single Family and Two Family Dwellings. 5.2.1 Permitted Uses a) Single Family Dwelling b) Two Family Dwelling c) Secondary Suites d) Home Occupation e) Bed and Breakfast f) Accessory buildings and structures g) Accessory Dwelling Units 5.2.2 Maximum Building Height a) Principal building 9.0 metres (29.5 feet) b) Accessory buildings 5.0 metres (16.4 feet) c) Accessory Dwelling Units 5.8 metres (19.0 feet) 5.2.3 Building Setbacks a) 7.0 metres (22.9 feet) from the front property line b) 7.0 metres (22.9 feet) from the rear property line c) 2.0 metres (6.6 feet) from the side property line 5.2.4 Maximum Lot Coverage a) Not more than 20% of the total site area. 5.2.5 Special Provisions a) Minimum lot size is 2,000 m2 (21,530 ft2). 5.3 Residential Community (RC) Zone This zone is intended for low density residential uses to accommodate Single Family and Two Family Dwellings. Village of Hazelton Zoning Bylaw No. 478, 2015 20 5.3.1 Permitted Uses a) Single Family Dwelling b) Two Family Dwelling c) Secondary Suites d) Home Occupation e) Bed and Breakfast f) Accessory buildings and structures g) Accessory Dwelling Units 5.3.2 Maximum Building Height a) Principal building 9.0 metres (29.5 feet) b) Accessory buildings 4.0 metres (13.1 feet) c) Accessory Dwelling Units 5.8 metres (19.0 feet) 5.3.3 Maximum Lot Coverage a) Not more than 50% of the site including all buildings and structures. 5.3.4 Building Setbacks a) 3.0 metres (9.8 feet) from the front property line b) 3.0 metres (9.8 feet) from the rear property line c) 2.0 metres (6.6 feet) from the side property line d) An accessory building may be sited within a required rear yard subject to the Special Provisions. 5.3.5 Special Provisions a) The minimum lot size for a single family dwelling shall be 400 m2 (4,306 ft2) b) Maximum floor area for accessory building shall be 75 m2 (807 ft2) c) No part of any accessory building shall be closer to the rear property line than 0.3 meters (1.0 feet) where the building abuts a public lane; and 1.2 meters (3.9 feet) where the rear property line abuts another parcel. Village of Hazelton Zoning Bylaw No. 478, 2015 21 6.0 COMMERCIAL ZONES 6.1 Downtown Commercial (C1) Zone The intent of this zone is to provide for the Historic Downtown commercial core. 6.1.1 Permitted Uses a) Retail use b) Service commercial c) Personal establishments d) Entertainment Centre e) Travel accommodation f) Offices g) Assembly hall h) Residential in tandem with any commercial use i) Retail sale of cannabis - Not permitted in other zones 6.1.2 Maximum Building Height a) Maximum of 12 metres (39.3 feet) as measured from sidewalk. 6.1.3 Minimum Lot Size a) 400m2 (4,305 ft2) 6.1.4 Special Provisions a) Where commercial and residential uses are contained within the same building each use must have a separate exterior entrance. b) Where a commercial area storage abuts residential property the commercial property is responsible to build a 2.5 metres (8 feet) solid fence. c) Where Zoning Map - Schedule "A" delineates the Flood Plain all regulations in this Bylaw shall consider the requirements included in Flood Plain Development Permit Area Guidelines included in Schedule "B". d) The form, character and design of buildings shall take into consideration the policies and guidelines contained in the Historic Downtown Development Permit Area Guidelines included in Schedule "C" and Schedule "D". Village of Hazelton Zoning Bylaw No. 478, 2015 22 6.2 Blended Commercial (C2) Zone 6.2.1 Permitted Uses a) Retail use b) Service commercial c) Service station d) Personal establishments e) Entertainment Centre f) Travel accommodation g) Offices h) Assembly hall i) Automotive sales and repair shop j) Multiple Family Dwelling 6.2.2 Maximum Building Height a) Maximum of 15 metres (49 feet) as measured from sidewalk. 6.2.3 Building Setbacks a) 4 metres (13 feet ) from the front property line b) 6 metres (19.7 feet) from the side property line c) 6 metres (19.7 feet) from the rear property line 6.2.4 Special Provisions a) Where commercial and residential use are contained within the same building each use must have a separate exterior entrance. b) Where commercial area storage abuts residential property the commercial property is responsible to build a 2.4 metres (8 feet) solid fence. c) Where there are multiple buildings on a single lot buildings shall be separated by a minimum of 5 metres (16.5 feet). Village of Hazelton Zoning Bylaw No. 478, 2015 23 7.0 MIXED USE ZONES 7.1 Mixed Use Residential Commercial (MU1) Zone The intent of this zone is to accommodate the mixed-uses in the area immediately surrounding the Downtown Commercial (C1) Zone. 7.1.1 Permitted Uses a) Single Family and Two Family Dwellings b) Multiple Family Dwelling c) Retail use d) Service commercial e) Personal establishments f) Entertainment Centre g) Travel accommodation h) Offices i) Assembly hall 7.1.2 Maximum Building Height a) Maximum of 12 metres (39.3 feet) 7.1.3 Building Setbacks a) All permitted uses except single Family and two family Dwellings: b) Minimum front yard shall be 3m c) Minimum rear yard shall be 3m d) Minimum side yard shall be 1.2m 7.1.4 Special Provisions a) Where commercial and residential uses are contained within the same building each use must have a separate exterior entrance. b) Single Family and Two Family Dwellings uses are subject to Section 5.1. c) Where commercial use abuts residential use the commercial property is responsible to build a 2.4 metres (8 feet) solid fence. d) Where Zoning Map - Schedule "A"- delineates the Flood Plain all regulations in this Bylaw shall consider the requirements Village of Hazelton Zoning Bylaw No. 478, 2015 24 included in Flood Plain Development Permit Area Guidelines included in Schedule "B". e) The form, character and design of buildings shall take into consideration the policies and guidelines contained in the Historic Downtown Development Permit Area Guidelines included in Schedule "C" and Schedule "D". 7.2 Mixed Use Development Reserve (MU2) Zone 7.2.1 Permitted Uses a) Parks b) Trails c) Open Space d) Public Utility Buildings 7.2.2 Special Provisions a) Any use not included in Section 7.2.1 must be approved by the Village Hazelton Council. Village of Hazelton Zoning Bylaw No. 478, 2015 25 8.0 PUBLIC FACILITIES ZONE 8.1 Public Facilities (P) Zone 8.1.1 Permitted Uses a) Parks and recreation facilities b) Public institutional buildings c) Education facilities d) Assembly hall e) Public Utility Buildings f) Cemeteries g) Accessory Buildings or Structures 8.1.2 Special Provisions a) Any building permitted under Section 8.1.1 and abutting any Residential (R) Zone must be separated by 10 metres (32.8 feet) from side or rear property line. b) Where Zoning Map - Schedule "A"- delineates the Flood Plain all regulations in this Bylaw shall consider the requirements included in Flood Plain Development Permit Area Guidelines. Village of Hazelton Zoning Bylaw No. 478, 2015 26 9.0 PARKING 9.1 Off-Street Parking Where off-street parking is required under the provisions of this Bylaw, it shall be provided and maintained in accordance with the following: (a) Location of Parking (i) Every required parking space in Residential (R) Zones shall be located on the building site of the building for which the parking site is required; or where impractical on an adjacent parcel of land owned by the owner of the building for which the parking space is required. (ii) Parking spaces for Non-Residential Zones may be provided upon a public or privately owned and operated parking lot or parking garage owned by a person other than the owner of the building for which the parking is required, provided that the owner of the building requiring the parking space submits proof (a covenant on Title) to the Village that such parking spaces will be available at all times during which they are required to be provided under Bylaws of the Village in respect of the building concerned. (b) Size of Parking Spaces (i) Individual and end parking spaces shall be not less than 2.6 metres in width and not less than 5.8 metres in length. (ii) Parking spaces bounded on either side by other parking spaces shall be not less than 2.7 metres in width and not less than 5.8 metres in length. (c) Construction and Maintenance of Parking Spaces (i) All parking spaces shall be constructed and maintained to be safe and convenient for the user thereof; and, in particular, the driveway access, maneuvering area and parking spaces shall be smooth and well drained and kept free of mud, snow, ice or other obstructions to vehicular or pedestrian traffic at all times. (d) Layout Design and Marking Signs Village of Hazelton Zoning Bylaw No. 478, 2015 27 (i) The layout design of driveways, maneuvering areas, ramps and parking spaces shall be in accordance with architectural and engineering standards for such work and the marking of spaces and installation of signs shall be made to clearly indicate the proper order of parking and traffic routes. Table 1: Required Parking Spaces Use Parking Required Animal Hospital or Clinic 1 space for each 20 m2 of gross floor area Community & Commercial Assembly Halls 1 space for each 12 m2 of gross floor space Elementary Schools 1 space per employee Hospitals, Convalescent Homes 1 space for every four (4) patient beds Laundromat 3 off-street parking spaces for any Laundromat Liquor Primary Establishments 1 space for each 3 seats Medical & Dental Offices 1 space per 18 m2 of net floor area Offices 1 off street parking space for every 45 m2 of gross leasable floor space. Retail Use 1 space for every 20 m2 of gross floor area with a minimum of 3 spaces for every retail use Personal Service Shops 1 space for each 20 m2 of gross floor area Village of Hazelton Zoning Bylaw No. 478, 2015 28 Use Parking Required Residential, Multiple Family 1 space for each dwelling unit Restaurant 1 off-street parking space for every two (2) employees, plus one (1) space for each five (5) seats in the restaurant Secondary Schools or other adult education canter 1 space per 10 students Senior Citizens Housing 1 space for every 4 living units Theatres, Churches, Funeral Homes 1 space for every ten (10) seats provided for public seating Traveler Accommodation 1 space for each sleeping unit plus 1 space for each 3 seats in a café, restaurant, cocktail lounge, bar or beer parlor, plus 1 space for each 12 m2 of meeting area Warehousing, storage, mini storage, and similar uses 1 space for each 200 m2 of gross floor area Village of Hazelton Zoning Bylaw No. 478, 2015 29 9.2 Special Parking Provisions (a) Ministry of Transportation and Highways - ITE Parking Generator (i) Ministry of Transportation and Highways parking requirements - ITE Parking Generator - must be met for any development within the Ministry of Transportation and Highways jurisdiction - Highway 62. (b) The following special provisions and exemptions shall apply: (ii) Pay in lieu of providing the required on-site parking in the Historic Downtown Development Permit Area, an owner or developer shall pay to the Village two hundred and fifty dollars ($250.00) for every parking space not provided in compliance with the requirements of this Bylaw. (iii) The required off-street parking shall not apply to any existing building or structure so long as the building or structure continues to be put to a use that does not require more parking or loading spaces than were required for the use existing at the time this Bylaw came into force. 9.3 Disabled Person's Parking Spaces (a) Parking spaces for the use of persons with a physical disability shall be provided according to the following cumulative ratios: No. of Required Parking Spaces No. of Disabled Person's Parking Spaces 1-10 0 11-20 1 21-100 2 101-1000 2 per 100 required spaces or part thereof 1001+ 1 per 100 required spaces or part thereof (b) Each Disabled Person's Parking Space shall be: (i) A minimum of 3.7 metres in width and a minimum of 5.8 metres in depth. Village of Hazelton Zoning Bylaw No. 478, 2015 30 (ii) Clearly identified as being for use only by disabled persons. Located within convenient access of an accessible building entrance or in a central location where a parking lot serves several buildings. (c) The maximum grade of the parking space and access to a building or structure shall not exceed 8%. 9.4 Unlawful Uses of Parking Facilities (a) No area designated as a required parking area in connection with any designated building or use shall be operated as a commercial or public parking lot providing parking spaces for the general public or for the occupants, tenants, customers, clients, or residents of any other use or activity for a fee or other compensation. (b) Required parking facilities accessory to a residential use which are developed in accordance with the requirements of this Bylaw shall be used solely for the parking of passenger automobiles or commercial vehicles of not more than 8,600 kg gross weight owned by occupants of the dwelling structures to which such facilities are accessory, or by guests of such occupants. 9.5 Off-street Loading (a) Except as hereinafter provided, every owner or occupier of any building in any zone is required to provide off-street loading space for such building in which a business is or will be carried on involving the receipt or delivery of goods or materials by vehicles, and all such off-street loading spaces shall be so constructed that every vehicle involved in the loading and unloading operation will be entirely off any highway or any other public property; (b) In every zone where there is a registered lane at the rear or side of the building site upon which an off-street loading space or spaces, is or are required, such space or spaces shall be accessible for vehicular ingress and egress to such registered lane; (c) Where any off-street loading space is bounded by an building or structure, the minimum clearance shall not be less than 3.4 metres in height, 3.7 metres in width, and 6.1 metres in depth, provided that in no case shall such clearance be less than required to provide for conformity to (a) preceding. Village of Hazelton Zoning Bylaw No. 478, 2015 31 10.0 SIGNS 10.1 Definitions In this section of the Bylaw, the following definitions apply: ABANDONED SIGN means a sign that advertises or promotes an activity, service event or product no longer available or conducted at the premises where the sign is located. AWNING means a hood or shelter constructed of fabric on a frame which projects from the exterior wall of a building. AWNING SIGN means a sign which is erected in or on the surface of an awning. BANNER SIGN means a sign made up of fabric or other flexible material of which the attachment to a building or other support structure does not require specialized structural members or alteration to support the sign. BILLBOARD means an exterior structure, painting or display for publicizing or advertising a product, service or cause. CANOPY means a non-retractable, solid projection which extends from the wall of a building and includes a structure commonly known as the theatre marquee but does not include normal architectural features such as lintels, sills, and mouldings. CANOPY SIGN means a sign erected in or on a face of a canopy but does not include an under canopy sign. COMBINATION SIGN means any sign incorporating any combination of the features of pole, projecting and roof signs. COPY means the wording on a sign surface either in permanent or removable letter form. FACIA SIGN means any sign, illuminated or unilluminated, running for its entire length parallel to the face of the wall of the structure to which it is attached to the facia. FREESTANDING SIGN means a sign which is entirely self-supporting, and is neither attached to nor forms part of any building, and is permanently fixed to the ground. ILLUMINATION means a method of giving forth artificial light, either directly from a source of light incorporated in or connected with a sign, or indirectly from an artificial source. Village of Hazelton Zoning Bylaw No. 478, 2015 32 MURAL means a work of graphic art painted or applied to a building wall which contains no advertising or logos. NAME PLATE means the display of a number or name by a self-supporting device in the ground or attached to a building with a maximum area of .09 square metres per name plate. PARAPET means a wall or sloped overhang serving as a guard at the edge of a roof. POLE SIGN means a sign wholly supported by a sign structure in the ground. PROJECTING SIGN means a sign which is attached to and projects from the face or wall of a building, by more than 0.2metres, and is normally at right angles to such building face but does not include an awning sign, canopy sign or under canopy sign. PROMOTIONAL SIGN means a temporary sign made of cloth, cardboard or like material, the purpose of which is to promote sales campaigns for a period not exceeding 30 days. REAL ESTATE SIGN means a sign advertising a lot or parcel of land or improvements. Such sign shall not have a total area of over 0.8 square metres for residential use and 3.0 square metres for commercial and industrial use. Two such signs shall be permitted per lot, parcel or structure. ROOF SIGN means a sign erected upon the roof or on top of the parapet of a building, the entire face of which is situated above the roof line of the building to which it is attached. SANDWICH BOARD SIGN means a non-illuminated sign having an "A" shape which is set upon the ground and has no external support structure. SIGN is any medium including its structure and component parts, which is used or intended to be used, to attract attention to the subject matter for advertising or promotion purposes. SIGN STRUCTURE means any structure which supports or is capable of supporting any sign. A sign structure may be a single pole and may or may not be an integral part of the building. TEMPORARY SIGN means a sign which is not in a permanently installed or affixed position, advertising a product or an activity on a limited basis. THIRD PARTY ADVERTISING means content on a sign which directs attention to products sold or services provided which cannot be considered as the principal product sold or principal services provided on the premises at which the sign is located. Village of Hazelton Zoning Bylaw No. 478, 2015 33 THIRD PARTY SIGN means a sign which directs attention to a business, profession, activity, commodity, service or entertainment other than one conducted, sold or offered upon the premises where such sign is located. UNDER CANOPY SIGN means a sign which is suspended beneath and attached to a canopy or awning and includes an under-awning sign. WINDOW SIGN means any sign, which is erected in or on a window, which is intended to been seen from off the premises on which the premises is located and which is constructed in such a manner as intended to be of a permanent nature, but shall not include illuminated signs commonly used to advertise products sold on the premises. WALL SIGN means any sign attached to or erected against the wall of any building or structure or painted on a wall, with the exposed face of the sign in a plane parallel to the plane of the said wall. 10.2 General Sign Provisions (a) No person shall erect, alter, or maintain a sign except in the areas permitted and in compliance with this Bylaw. (b) The design and construction of signs within the downtown area of the Village shall adhere to mandatory requirements and be in accordance with the guidelines and recommendations included in the Historic Downtown DPA Guidelines. Where there is a conflict between this section of the Zoning Bylaw mandatory requirements and the DPA Guidelines, the DPA Guideline provisions take precedence. 10.3 Prohibited Signs No person shall erect, or alter on a premise any of the following types of signs: (a) a billboard; (b) a sign which by reason of size, location, content, colouring or manner of illumination obstructs the vision, or movement, of drivers or pedestrians or obstructs or detracts from the visibility or effectiveness of any traffic sign, traffic control device, warning or instructional sign on highways; (c) a sign painted on, attached to, or supported by a tree or other living vegetation, stone, or other natural object, or utility pole; Village of Hazelton Zoning Bylaw No. 478, 2015 34 (d) a sign which no longer advertises a business conducted, or a product sold on the premises (abandoned sign); (e) a sign that is not in a safe condition; (f) a third party sign or a sign which includes a third party advertising message that exceeds one-third of the allowable sign area; (g) a sign erected on a motor vehicle or trailer and parked, on public or private premises, with the primary purpose of providing a sign not otherwise allowed by this Bylaw. 10.4 Exempt Signs The following signs shall be permitted in all Zones and shall be exempted from the requirements of a Sign Permit subject to the provisions specified: (a) Public information signs. (b) Home improvement signs provided there shall be only one (1) such sign not exceeding 0.6 m2 in sign area and 1.0 metres height for each site. Such sign shall be located on the site of the described activity and the sign shall be displayed only until approval of the final inspection or the project is substantially completed, but in no event longer than thirty (30) days. (c) One sandwich board sign, not already incorporated in permitted freestanding signs, provided such signs are non- illuminated and that the total sign area of all such signs on a site is less than 2.3m2. (d) Temporary sign such as a real estate sign, subject to a maximum of 2 per lot or structure. 10.5 Construction All signs and sign structures shall be designed and constructed to withstand wind pressure, dead loads, snow loads and lateral forces as required by the Building Code. Village of Hazelton Zoning Bylaw No. 478, 2015 35 10.6 Vision Clearance Area (a) No Sign may be located within a vision clearance area as defined below. (b) Support structures for a sign may only be located in a vision clearance area if the combined total width is 0.3 metres or less and the combined total depth is 0.3 metres or less. (c) Vision Clearance areas are triangular- shaped areas located at the intersection of any combination of highways or driveways. The sides of the triangle extend 8.0 metres from the intersection of the curb lines or the vehicle travel areas where there are no curb lines. See drawings. 10.7 Awning Signs Awning Signs are permitted as follows: (a) Awning signs are permitted in the Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone. (b) The maximum sign area is limited to 30 percent of the awning face area on which the sign is erected. 10.8 Banner Signs Banner Signs are permitted as follows: (a) banner signs are permitted in Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone. (b) a sign permit shall not be required if the sign area does not exceed 10 m2, the maximum height is 7.62 metres, it is installed for a maximum 30 day period and it conforms to all specification set out in this Bylaw. 10.9 Canopy Signs Canopy Signs are permitted as follows: (a) Canopy Signs are permitted in the Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone. Village of Hazelton Zoning Bylaw No. 478, 2015 36 (b) The maximum Canopy Sign area shall be 0.75 m2 per linear metre of the canopy frontage to which it is affixed, except that for theatres and cinemas this ratio may be increased to 1.5 m2 per linear metre. 10.10 Fascia Signs Fascia Signs are permitted as follows: (a) One fascia sign per business for every wall facing a highway or yard in the Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone. (b) The area of all fascia signs shall not exceed 25 percent of the façade of a building to which they are affixed. (c) Where more than one business occupies a building, provision shall be made where feasible to provide sign space on the fascia of each such business by limiting each sign to the portion of the frontage and the area of the façade containing the business referred to. (d) Businesses located in portions of the premises not on frontage shall be permitted signage on the frontage of the premises, provided that the signs are located in conformity with other signage on the premises, and the maximum allowable sign area for each building façade is not exceeded. 10.11 Freestanding Signs Freestanding Signs are permitted as follows: (a) In the Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone. (b) Where two or more signs are permitted on a site, such signs must be separated by a distance of not less than 50 metres, measured along the frontages. (c) Freestanding signs shall not exceed a height of 7.62 metres. (d) The sign area of any freestanding sign on any site shall not exceed 0.30 m2 per metre of frontage to a maximum of 9.3 m2. Village of Hazelton Zoning Bylaw No. 478, 2015 37 10.12 Painted Wall Sign Painted Wall Sign are permitted as follows: (a) Painted wall signs are permitted in the Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone. (b) One painted wall sign shall be permitted per business for every wall facing a highway or yard. (c) For each wall the maximum area permitted for painted signs shall not exceed 25 percent of the façade upon which the sign or signs have been painted. 10.13 Portable Signs Portable Signs are permitted as follows: (a) Portable signs shall be permitted in all zones except Residential (R) Zones. (b) The sign shall not exceed 3 m2 in area per side. (c) Portable signs are permitted to be located on a site for a maximum of 90 days per business per year. 10.14 Under Canopy Signs Under Canopy Signs are permitted as follows: (a) Under canopy signs are permitted in the Commercial (C) Zones, Mixed Use (MU) Zones and Public Facilities (P) Zone. (b) One under canopy sign shall be permitted for each business within a building or for each entry to a large business which might have more than one frontage entrance. (c) The maximum vertical dimension of an under canopy sign shall be 0.3 metres. (d) Under canopy signs shall generally be at right angles to the supporting wall. Village of Hazelton Zoning Bylaw No. 478, 2015 38 10.15 Sandwich Board Signs Sandwich Board Signs are permitted as follows: (a) Shall be of a painted finish, be neat and clean, and be maintained in such condition. (b) Be of a size not exceeding 0.6 metres wide by 1.0 metre high, and not less than 0.30 metres wide. 10.16 Window Signs Window Signs are permitted as follows: (a) Signs within a retail display window or attached thereto shall occupy a maximum of thirty percent (30%) of each retail display window. 10.17 Abandoned, Dangerous or Defective Signs (a) Except as otherwise provided in the Bylaw, any sign which pertains to a time, event or purpose which no longer applies or no longer fulfills its function under the terms of a Sign Permit shall be deemed to have been abandoned. (b) The Building Inspector may order the removal of an abandoned sign by giving written notice to the property owner who shall remove the sign and related structural components within 30 days of the date of the notice of removal. The property owner shall bear all costs related to such removal. (c) Where, in the opinion of the Building Inspector, any sign is in a dangerous or defective condition, the Building Inspector shall notify the owner, lessee, or agent of the premises upon which such sign is located, to remove at once such sign or place the same in a proper state of repair within such time as the Building Inspector specifies. (d) Upon receipt of such notice from the Building Inspector, the owner, lessee, or agent of such premises shall at once proceed to repair or remove such sign. 10.18 Liability for Damages The provisions of this Bylaw shall not be constructed as relieving or limiting the responsibility or liability of any person erecting or owning any sign for personal injury or Village of Hazelton Zoning Bylaw No. 478, 2015 39 property damage resulting from the placing of such sign or resulting from the negligence or willful acts of such person, his agents or employees, erection, alteration maintenance or removal of any sign erected in accordance with a permit issued hereunder. Nor can it be construed as imposing upon the Village or its officers or employees any responsibility or liability by reason of the approval of any signs, materials or sign structures. Schedule A - Village of Hazelton Zoning Map Schedule B - Flood Plain Development Permit Area Guidelines 1 1.0 Introduction .1 Designation The Flood Plain Development Permit Area (DPA) is designated under Section 919.1(1)(b) (protection of development from hazardous conditions) of the Local Government Act (LGA). Section 920 of the LGA provides that a DPA under Section 919.1(1)(b) may specify areas of land that may be subject to flooding and must remain free of development, except in accordance with any conditions contained in the development permit. .2 Area The extent of the Flood Plain DPA is shown on the Zoning Map in Schedule A. .3 Objectives and Intent of Guidelines The Flood Plain DPA Guidelines have been developed to implement the Official Community Plan (OCP), adopted in 2015. The OCP includes objectives for areas along the riverbank and within the designated flood plain area in the Village of Hazelton. The objectives include: x all development to meet the requirements of the Ministry of Environment; x confirm Ministry of Environment flood mapping and appropriate setbacks; and x prescribe restrictions and regulations for any development within designated flood plain. To achieve the above objectives, the DPA guidelines have been developed to align with provincial regulations and standards. The intent of this Development Permit Area is as follows: x prevent injury and loss of life; x protect structures from damage; and x mitigate hazards while not compromising the natural environment. .4 How to use Guidelines These DPA guidelines have been developed as an easy to understand resource and are intended to be used by Council, Village staff and applicants. Applicants who wish to develop land in the designated flood plain area will be required to meet the guidelines as set out in Section 2.0. Within the guidelines, references are made to Flood Construction Level (FCL) and Freeboard. The definitions of these words and phrases in the context of the Flood Plain DPA Guidelines are as follows: x Flood Construction Level (FCL) refers to the designated 200-year flood level plus freeboard, or such other level as specified in a restrictive covenant under Section 2 219 of the Land Title Act, specifying a flood construction level approved by the Village of Hazelton and holding the Village free of all claims for liability or damages in the event of flooding or erosion. Where a designated flood level cannot be determined, FCL means a specified height, accepted by the Village of Hazelton, above a natural boundary, natural ground elevation or any obstruction that could cause ponding. x Freeboard means a vertical distance added to a designated 200-year flood level, used to establish a Flood Construction Level. .5 Application The Flood Plain DPA Guidelines apply to all development within the flood plain area. .6 Exemptions An exemption from the Flood Plain DPA may be granted if one or more of the following apply: x An addition to an existing single family dwelling is being constructed that would increase the size of the building by less than 25% of the existing floor area; and/or x The portion of a single family dwelling or the accessory building that is being constructed is designed or intended to be used as an uninhabitable space, such as a carport, garage or storage area. 2.0 Flood Plain DPA Guidelines .1 No alteration or subdivision of land, disturbance of vegetation, movement of soils or other disturbance of land or water within the DPA may be undertaken: x without a Development Permit issued under these guidelines; and x contrary to the terms of a Development Permit issued under these guidelines. .2 Development of setbacks and a Flood Construction Level must be completed by a Qualified Professional and take into account an appropriate level of freeboard above the designated 200-year flood level. The proposed setbacks and Flood Construction Level are to be reviewed and approved by the Village of Hazelton for all new building applications within the DPA. 3 In addition, a Report must be provided by the Qualified Professional outlining the following: x a topographic description of the site; x a review of previous geotechnical studies affecting the site and/or engineering work in the vicinity, if applicable; x a description of the extent of the nature, extent, frequency (probability) and potential effect of the flooding hazard, including a description of the methodology used to define these parameters; x consideration of the proximity of the site to the existing dike structure (on the south bank of the Skeena River adjacent downtown Hazelton), and how the dike may affect development on the site; x proposed mitigation works (including construction and maintenance programs for such works) and/or actions designed to prevent flood hazard occurrences; x proposals for vegetation protection, enhancement or retention; x an assessment of the effect of the mitigative work in terms of its ability to reduce the potential impact of the flooding hazard; and x a statement confirming whether the site is safe for the intended use, as well as any recommendations that the Qualified Professional determines are needed to ensure the proposed development is protected from the flooding hazard and will not result in a detrimental impact on the environment or adjoining properties. .3 The Village of Hazelton requires that a person enter into a covenant under section 219 of the Land Title Act to establish flood plain requirements, defining the area of land on which alteration or structures may be prohibited, or limited with certain conditions adhered to, in accordance with the recommendations of a Qualified Professional. .4 Erosion and sediment control measures may be required (during and after construction and/or land altering activities), and if so, will be specified in the Report by the Qualified Professional. .5 Where a Report by a Qualified Professional certifies that land with a potential flooding hazard may be used safely for the use intended, the issuance of a Development Permit may be conditional upon the implementation of all conditions contained in the Report. .6 Removal of vegetation, especially trees, within the flood plain area should be minimized. A disturbed site should be re-vegetated using water-retentive plant species indigenous to the area. .7 Stumps should be left in place where possible to provide for soil stabilization until alternative vegetation is established. Schedule C - Historic Downtown Development Permit Area Guidelines 1 1.0 Introduction .1 Designation The Historic Downtown Development Permit Area (DPA) is designated under Section 919.1(1)(d) (revitalization of an area in which a commercial use is permitted) of the Local Government Act. Section 920 of the LGA provides that a DPA under section 919.1(1)(d) may include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures. .2 Area The extent of the Historic Downtown DPA is shown on the Zoning Map in Schedule A. .3 Objectives and Intent of Guidelines The Historic Downtown DPA guidelines have been developed to implement the Official Community Plan (OCP), adopted in 2015. The OCP includes objectives for the historic downtown area, including: x continue to revitalize the downtown; x ensure that the historic form and character are preserved; x encourage mix of land uses; and x encourage pedestrian accessibility. To achieve these objectives, the DPA guidelines have been crafted to promote a cohesive mix of existing historic buildings, new contemporary buildings, and new buildings that have a historic/heritage theme. .4 How to use Guidelines These DPA guidelines have been developed as an easy to understand resource and are intended to be used by Council, Village staff and applicants. Applicants who wish to develop land in the historic downtown area will be required to meet the guidelines as set out in Section 2.0. Throughout the guidelines, references are made to design features that are "preferred", "acceptable" or "discouraged" in downtown Hazelton. There are also references to design features that will be "considered on a case by case basis". The definition of each of these words and phrases in the context of the DPA guidelines is as follows: x Preferred - Elements of design that are a strong fit with the existing form and character of downtown Hazelton. If integrated into a new or renovated building, these elements will help achieve the downtown vision as articulated in the OCP. x Acceptable - Elements of design that fit reasonably well with the existing form and character, but are not as strong as the "preferred" features. 2 x Consider on a case by case basis - Design features that are not outright supported and require input from the Village. By engaging and working collaboratively with staff and Council, an applicant may gain support for a project that falls into this category. Staff and Council should be consulted as early as possible in the design process. x Discouraged - Design features that do not fit well with the existing form and character of downtown Hazelton. These features are not consistent with the existing standards of design in Hazelton and would detract from the unique historic qualities and pedestrian orientation of downtown. .5 Application These guidelines apply to new buildings, new and replacement signage, alterations to the exterior appearance of buildings, and additions to buildings in the historic downtown. .6 Exemptions The following are exempt from the Historic Downtown DPA: x Single family dwellings; x Subdivision of land; x Roof maintenance (e.g. HVAC replacement and roof re-surfacing); x Exterior building maintenance (e.g. re-painting with the same color, re-siding with the same siding material); x Landscaping; and x Paving of gravel parking areas, or re-paving of existing paved areas. 2.0 Historic Downtown DPA Guidelines The Historic Downtown DPA guidelines have been organized into five categories: x 1. Site Planning o Street wall and setbacks o Parking and circulation o Building orientation, height and form/mass x 2. Visual Interest o Active frontages o Building materials and color o Lighting and windows o Signage x 3. Pedestrian Comfort and Safety o Awnings and canopies o Accessibility x 4. Historic / Heritage Buildings o General principals o Windows and doors o Decorative features x 5. Mixed-use Buildings 3 .1 Site Planning Guidelines in this section apply to all buildings within the Historic Downtown DPA. a) Street Wall and Setbacks Preferred - Principal building sited adjacent to the street edge(s), to ensure a consistent street wall. If the building has a canopy with supports, then the building should be set back from the street edge just enough so that the supports are located on private property. Preferred - Where zoning permits, buildings on separate lots should be sited in close proximity to or adjacent to each other. Large gaps between buildings should be avoided where possible. Acceptable - Principal buildings set back from the street edge slightly, to allow for restaurant or coffee shop seating, public seating, public art, bicycle parking, plaza area, or a combination thereof located in front of the building. 4 Discouraged - Principal building set back from the street edge to allow for vehicular parking in front of the building, or for an open area with no pedestrian amenities. Irregular building setbacks detract from the streetscape appearance and overall pedestrian experience, as shown below. b) Parking and Circulation Preferred - Required parking spaces located behind the principal building, accessed from a rear lane or off a side street. Acceptable - Required parking spaces located beside the principal building, provided the building abuts the adjoining street edge(s). 5 Acceptable - Payment of cash in lieu of required parking spaces may be considered by the Village of Hazelton, in the event either: x The required parking spaces cannot be provided behind or beside the principal building; or x The lot is not large enough to accommodate the parking requirement. Cash provided in lieu of required parking spaces will be pooled and used by the Village of Hazelton, once a sufficient reserve amount is reached, for the purpose of developing a communal parking area to service the downtown. Discouraged - Required parking spaces located in front of the principal building, between the building's front façade and the street edge, as shown below. Discouraged - Drive-through restaurants or drive-through windows for other types of commercial businesses. c) Building Orientation Preferred - Buildings oriented towards the street, with the windows and main entrance(s) visible to and accessible from the street. Discouraged - Buildings oriented away from the street (e.g. towards a parking area located at the rear or side of the building). 6 d) Building Height Preferred - Where permitted by zoning, building heights should be a minimum of two storeys to encourage the mixing of uses in the downtown (e.g. commercial/retail on the ground floor and residential, office or other permitted uses on the upper floor(s)). Preferred - Building heights that are sensitive to the surrounding context, particularly to to the heights of neighbouring properties. Slight variations in building height along the street create visual interest and help to break down the sense of building mass. e) Building Form / Mass Preferred - Large sections of visual mass broken down into smaller elements through the use of varied roof lines and façades, as shown below. Expansive walls and rooflines should be divided into smaller segments that look unique. For multi-storey buildings, development on the ground floor should be visually distinguishable from the upper floors. 7 Discouraged - Large, flat and/or boxy building forms with minimal or no roof and façade variation, as shown below. 8 .2 Visual Interest Guidelines in this section apply to all buildings within the Historic Downtown DPA. a) Active Frontages Preferred - Pronounced main entrances, located at the front of the building and accessible off the adjoining street/sidewalk. Special detailing around the entrance is encouraged in order to highlight the main entryway to pedestrians. Entryways may be indented or have a straight/flat front. Preferred - The majority of the front façade on the ground floor should consist of transparent windows, to allow for activities inside to be visible from the street and vice versa. Ensuring visibility into and out of the building at ground level adds interest and a sense of safety for pedestrians. Preferred - On corner sites, the majority of the front facades should consist of transparent windows, with one pronounced entrance on each front facade. Alternatively, one pronounced entryway may be provided at the corner if integrated into a tapered corner treatment. Discouraged - Blank, featureless, ground floor front facades with few or no windows and unpronounced entrances. Discouraged - Use of glass block masonry or other non-transparent glass for glazing. 9 b) Building Materials Preferred - Natural materials, including wood, stone and brick masonry. Acceptable - Hardi-plank, stucco and painted concrete. Discouraged - Vinyl siding, sheet metal, exposed cinder block and artificial brick or stone. c) Building Color Preferred - Building colours that are consistent with and sensitive to the prevailing colour scheme in downtown Hazelton. A "heritage colour palette" is attached in Schedule D for guidance. Consider on a case by case basis - Bright colours, or neutral/muted colours with bright accents. Consider on a case by case basis - Murals on the sides or rear facades of buildings. To be eligible for consideration, the mural must have a theme that reflects the surrounding landscape and/or the pioneer heritage of the area. 10 d) Lighting Preferred - Lighting that is consistent with the architectural style of the building. "Gooseneck" (bent conduit) lighting, wall-mounted sconce lighting, under-canopy fixtures and other types of lighting are supported, provided they are consistent with the building character. Discouraged - Intrusive lighting, including fluorescent and flashing lights, and lights that have a visible and/or glaring light source. e) Windows Preferred - Larger windows on the ground floor and smaller, symmetrical windows on the upper floor(s) of a building. Discouraged - Use of glass block masonry or other non-transparent glass for glazing on any floor of a building. 11 f) Signage Preferred - A variety of sign types, including: projecting, fascia, roof, window, and hanging signs are supported. Signs must be durable and adequately secured to the building, such that they will have a reasonable lifespan and be capable of withstanding inclement weather. Individual signage design is encouraged to be creative while at the same time reflective of the existing character of downtown. Signs must also meet the requirements of Section 10 of the Zoning Bylaw. Preferred - If signs are to be lit, individually lit-LED letters or externally-lit signs using gooseneck (bent-conduit) lighting. Discouraged - Internally lit sign boxes, digital or flashing signs, and large pole signs. 12 .3 Pedestrian Comfort and Safety Guidelines in this section apply to all buildings within the Historic Downtown DPA. a) Awnings and Canopies Required - Canopy posts located on private property (not within public right-of-way). Preferred - Canopy and awnings located a minimum height of 2.5 m (8 ft), measured between the surface of the sidewalk and the lowest structural component of the awning or canopy. Canopy and awning projection should be no less than 0.92 m (3 ft) outward from the building face. Preferred - Canopy posts surfaced with wood, stone or brick. The underside of the canopy should be finished with wood or hardi-plank. Roofs of canopies and awnings should be finished with cedar shakes. Acceptable - Vinyl as a finishing material for the underside of canopies. Discouraged - Exposed metal canopy posts. Discouraged - Asphalt shingling or metal roofing for canopies and awnings. b) Accessibility Preferred - Ramps in addition to stairs for buildings that do not have an entrance at grade. Preferred - If building is set back from the street edge, public seating should be located in the setback area. 13 .4 Historic / Heritage Buildings Guidelines in this section apply to major renovations of existing historic buildings, and to new buildings with a historic / heritage theme. a) General Principals Preferred - Historic / heritage buildings should: x fit with the prevailing character in downtown Hazelton; and x reflect local historic precedents for façades, rooflines, windows, doors, materials, decorative features and signage. Discouraged - Mixing of contemporary and historic design elements. 14 b) Windows and Doors Preferred - Wood doors with historic detailing or colored metal doors. Entryways may be indented or have a straight/flat front, and should have large display windows. Preferred - Vertical pattern and orientation of windows. Larger windows should be located on the ground floor and smaller, symmetrical windows on the upper floor(s) of a building. Preferred - Double hung sash window and historic details, including: sill, lintel, muntins, thick trim, or other details that reflect the local historic character. 15 Discouraged - Flat, featureless doors. Discouraged - Windows or doors that are not consistent with the building architecture or the prevailing historic character in downtown Hazelton. c) Decorative Features Preferred - Use of decorative features that enhance the historic character of a building, including but not limited to: false fronts, brackets, post and beam wood work, decorative railings, and other features that reflect the prevailing character in downtown Hazelton. 16 .5 Mixed-use Buildings Guidelines in this section apply to multi-storey, mixed-use buildings. Preferred - Separate entrances for ground and upper floor uses, provided the uses are different. The entryway for the upper floor uses should be clearly subordinate to the ground floor entrance. Preferred - If residential or hotel units are located on the upper floor(s) of a building, the units should have large windows and/or balconies facing the street. Schedule D - Historic Downtown Development Permit Area Heritage Colour Palette